Section § 14400

Explanation

This law section provides definitions for terms related to the regulation of drugs used in animals. A 'medically important antimicrobial drug' is a specific antibiotic listed in a federal FDA guidance, which can be updated over time. 'Livestock' refers to animals like poultry and aquatic species raised for profit, but not pets or bees. Finally, 'veterinary feed directive' refers to a federal regulation describing how veterinarians can authorize the use of certain drugs in animal feed.

For purposes of this chapter, the following definitions apply:
(a)CA Food and Agriculture Code § 14400(a) “Medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration’s Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended.
(b)CA Food and Agriculture Code § 14400(b) “Livestock” means all animals and poultry, including aquatic and amphibian species, that are raised, kept, or used for profit. Livestock does not include bees or those species that are usually kept as pets, such as dogs, cats, and pet birds.
(c)CA Food and Agriculture Code § 14400(c) “Veterinary feed directive” has the same definition as in Section 558.3 of Title 21 of the Code of Federal Regulations.

Section § 14401

Explanation

Starting January 1, 2018, livestock can't be given medically important antimicrobial drugs unless a licensed veterinarian prescribes them. This must be done through a prescription or veterinary feed directive, and there must be an established veterinarian-client-patient relationship following specific legal requirements.

Beginning January 1, 2018, a medically important antimicrobial drug shall not be administered to livestock unless ordered by a licensed veterinarian through a prescription or veterinary feed directive, pursuant to a veterinarian-client-patient relationship that meets the requirements of Section 4826.6 of the Business and Professions Code.

Section § 14402

Explanation

This law, effective January 1, 2018, regulates the use of medically important antimicrobial drugs in livestock. It allows the use of these drugs if a licensed veterinarian deems it necessary for treating or controlling disease, or during surgery. The law also permits the use of antibiotics as a preventative measure if there's a high risk of infection. However, it prohibits using these drugs solely to promote weight gain or improve feed efficiency in livestock and prevents their regular use unless for treatment purposes outlined in the law.

(a)CA Food and Agriculture Code § 14402(a) Beginning January 1, 2018, a medically important antimicrobial drug may be used when, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is any of the following:
(1)CA Food and Agriculture Code § 14402(a)(1) Necessary to treat a disease or infection.
(2)CA Food and Agriculture Code § 14402(a)(2) Necessary to control the spread of a disease or infection.
(3)CA Food and Agriculture Code § 14402(a)(3) Necessary in relation to surgery or a medical procedure.
(b)CA Food and Agriculture Code § 14402(b) A medically important antimicrobial drug may also be used when, in the professional judgment of a licensed veterinarian, it is needed for prophylaxis to address an elevated risk of contraction of a particular disease or infection.
(c)CA Food and Agriculture Code § 14402(c) A person shall not administer a medically important antimicrobial drug to livestock solely for purposes of promoting weight gain or improving feed efficiency.
(d)CA Food and Agriculture Code § 14402(d) Unless the administration is consistent with subdivision (a), a person shall not administer a medically important antimicrobial drug in a regular pattern.

Section § 14403

Explanation

This law allows retailers, who are properly licensed, to sell medically important antimicrobial drugs if they have a prescription or a veterinary feed directive from a licensed veterinarian. It emphasizes that this does not remove the necessity to have a prescription or directive to actually use these drugs. Additionally, the department has the authority to create regulations to enforce this law.

(a)CA Food and Agriculture Code § 14403(a) Notwithstanding Sections 14401 and 14402 of this code and Article 15 (commencing with Section 4196) of Chapter 9 of Division 2 of the Business and Professions Code, medically important antimicrobial drugs may be sold by retailers licensed pursuant to Article 5 (commencing with Section 14321) of Chapter 4 of Division 7 with a prescription or veterinary feed directive from a licensed veterinarian.
(b)CA Food and Agriculture Code § 14403(b) This section shall not be construed to invalidate the requirement to obtain a prescription or veterinary feed directive to administer a medically important antimicrobial drug as required by Section 14401.
(c)CA Food and Agriculture Code § 14403(c) The department may promulgate regulations to implement this section.

Section § 14404

Explanation

This law requires the development of guidelines for veterinarians and livestock owners on how to properly use important antimicrobial drugs. The goal is to treat, control, and prevent diseases in animals while minimizing drug use. It emphasizes finding alternatives such as vaccines and better management practices. The department must work with experts and stakeholders to ensure efficient access to treatment, especially in rural areas. 'Antimicrobial stewardship' involves using drugs only when absolutely necessary, choosing the right drug and dosage, and limiting the treatment duration and number of animals treated.

(a)CA Food and Agriculture Code § 14404(a) The department, in consultation with the Veterinary Medical Board, the State Department of Public Health, universities, and cooperative extensions, shall develop antimicrobial stewardship guidelines and best management practices for veterinarians, as well as livestock owners and their employees who are involved with administering medically important antimicrobial drugs, on the proper use of medically important antimicrobial drugs for disease treatment, control, and prevention. The guidelines shall include scientifically validated practical alternatives to the use of medically important antimicrobial drugs, including, but not limited to, the introduction of effective vaccines and good hygiene and management practices.
(b)CA Food and Agriculture Code § 14404(b) The department shall consult with livestock producers, licensed veterinarians, and any other relevant stakeholders on ensuring livestock timely access to treatment for producers in rural areas with limited access to veterinary care.
(c)CA Food and Agriculture Code § 14404(c) For purposes of this section, “antimicrobial stewardship” is a commitment to do all of the following:
(1)CA Food and Agriculture Code § 14404(c)(1) To use medically important antimicrobial drugs only when necessary to treat, control, and, in some cases, prevent, disease.
(2)CA Food and Agriculture Code § 14404(c)(2) To select the appropriate medically important antimicrobial drug and the appropriate dose, duration, and route of administration.
(3)CA Food and Agriculture Code § 14404(c)(3) To use medically important antimicrobial drugs for the shortest duration necessary and to administer them to the fewest animals necessary.

Section § 14405

Explanation

This law aims to improve the understanding of how antibiotic usage in livestock is linked to antibiotic-resistant bacteria. The California department is instructed to work with federal agencies to monitor and gather data on this issue. They should coordinate efforts to avoid duplicating existing federal monitoring systems and collect samples from key livestock and food production areas in California.

The department will engage livestock producers and veterinarians while respecting confidentiality laws. They're required to report to the Legislature on their efforts by 2019 and assess data sufficiency. Funding from various sources will be sought, and regulations may be established to support this initiative.

(a)CA Food and Agriculture Code § 14405(a) It is the intent of the Legislature that the department coordinate with the United States Department of Agriculture, the federal Food and Drug Administration, and the federal Centers for Disease Control and Prevention to implement the expanded antimicrobial resistance surveillance efforts included in the National Action Plan for Combating Antibiotic-Resistant Bacteria, and that the information gathered through this effort will help lead to a better understanding of the links between antimicrobial use patterns in livestock and the development of antimicrobial resistant bacterial infections.
(b)Copy CA Food and Agriculture Code § 14405(b)
(1)Copy CA Food and Agriculture Code § 14405(b)(1) The department shall gather information on medically important antimicrobial drug sales and usage, as well as antimicrobial resistant bacteria and livestock management practice data. Monitoring efforts shall not be duplicative of the National Animal Health Monitoring System and the National Antimicrobial Resistance Monitoring System, and, to the extent feasible, the department shall coordinate with the United States Department of Agriculture, the federal Centers for Disease Control and Prevention, and the federal Food and Drug Administration in the development of these efforts.
(2)CA Food and Agriculture Code § 14405(b)(2) In coordinating with the National Animal Health Monitoring System and the National Antimicrobial Resistant Monitoring System, the department shall gather representative samples from all of the following:
(A)CA Food and Agriculture Code § 14405(b)(2)(A) California’s major livestock segments.
(B)CA Food and Agriculture Code § 14405(b)(2)(B) Regions with considerable livestock production.
(C)CA Food and Agriculture Code § 14405(b)(2)(C) Representative segments of the food production chain.
(c)CA Food and Agriculture Code § 14405(c) The department shall work with willing participants to gather samples and shall consult with, and conduct outreach to, livestock producers, licensed veterinarians, and any other relevant stakeholders on the implementation of the monitoring efforts. Participation in this effort shall be done in a manner that does not breach veterinary-client-patient confidentiality laws.
(d)Copy CA Food and Agriculture Code § 14405(d)
(1)Copy CA Food and Agriculture Code § 14405(d)(1) The department shall report to the Legislature by January 1, 2019, the results of its outreach activities and monitoring efforts. The department shall advise the Legislature as to whether or not participation is sufficient to provide statistically relevant data. The report shall be submitted in compliance with Section 9795 of the Government Code.
(2)CA Food and Agriculture Code § 14405(d)(2) This subdivision is inoperative on January 1, 2023, pursuant to Section 10231.5 of the Government Code.
(e)CA Food and Agriculture Code § 14405(e) The department shall seek funds from federal, state, and other sources to implement this section.
(f)CA Food and Agriculture Code § 14405(f) The department may promulgate regulations to implement this section.

Section § 14406

Explanation

This law gives the department the power to ask for and obtain copies of veterinary feed directives from livestock owners, veterinarians, or distributors to ensure compliance with the rules in this chapter.

The department has the authority to request and receive copies of veterinary feed directives from the livestock owner, veterinarian, or distributor to fully implement the provisions of this chapter.

Section § 14407

Explanation

This law says that any information shared under this chapter and Section 14902.5 must remain confidential. It can't be given to anyone or any agency, except the department or the Veterinary Medical Board, for the purpose of enforcing the Veterinary Medicine Practice Act. The only exception is if the information is aggregated in a way that hides the identity of specific farms or businesses. The data can also be shared with federal agencies provided it's protected by a specific federal law from 2002.

Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), any information provided pursuant to this chapter and Section 14902.5 shall be held confidential, and shall not be disclosed to any person or governmental agency, other than the department or the Veterinary Medical Board, for the purposes of enforcing the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), unless the data is aggregated to prevent the identification of an individual farm or business. Information may be shared with federal agencies so long as it is protected by the federal Confidential Information Protection and Statistical Efficiency Act of 2002 (Public Law 107-347).

Section § 14408

Explanation

If someone breaks the rules in this chapter, they can be fined up to $250 per day of the violation.

If it's your second or more offense, the fine increases to $500 per day. Also, you will need to complete an educational program about the proper use of important antimicrobial drugs within 90 days.

Veterinarians are an exception and instead might face discipline under a different set of rules if they break their professional code. The money from these fines goes into a special fund for agricultural purposes.

(a)CA Food and Agriculture Code § 14408(a) A person who violates this chapter shall be liable for a civil penalty of not more than two hundred and fifty dollars ($250) for each day a violation occurs.
(b)Copy CA Food and Agriculture Code § 14408(b)
(1)Copy CA Food and Agriculture Code § 14408(b)(1) For a second or subsequent violation, a person who violates this chapter shall be punishable by an administrative fine, levied by the secretary, in the amount of five hundred dollars ($500) for each day a violation occurs.
(2)CA Food and Agriculture Code § 14408(b)(2) In addition to the administrative fine, the violator shall attend an educational program on the judicious use of medically important antimicrobial drugs that has been approved by the secretary. The violator shall successfully complete the program and provide proof to the secretary within 90 days from the occurrence of the violation.
(c)CA Food and Agriculture Code § 14408(c) Subdivisions (a) and (b) do not apply to licensed veterinarians. If the Veterinary Medical Board determines that a veterinarian is in violation of the Veterinary Medicine Practice Act (Chapter 11 (commencing with Section 4800) of Division 2 of the Business and Professions Code), the veterinarian may be subject to disciplinary sanctions pursuant to the act.
(d)CA Food and Agriculture Code § 14408(d) The moneys collected pursuant to this article shall be deposited into the Department of Food and Agriculture Fund and shall be available for expenditure upon appropriation by the Legislature.